A child suffering a birth injury is the last thing parents imagine for the special day they spent nine months dreaming about and planning for. Unfortunately, a birth injury can leave parents with a child who faces an uncertain future with effects ranging from mild, fully recoverable injuries to lifelong disability, impairment, or—tragically—even death.
While a legal process doesn’t erase a birth injury or restore parents’ dreams for their child, it provides the financial compensation parents need to give their child the necessary tools for the best possible future. A Chicago birth injury lawyer can help your family obtain compensation and a sense of justice for the harm caused to your child.
A birth injury is not the same thing as a birth defect. While birth defects occur because of a medical problem or genetic defect, a birth injury results from trauma caused to the child during the birthing process. A birth injury is also known as neonatal trauma and may occur during the mother’s labor, during the delivery process, or in the moments following the birth.
Common causes of birth injuries include the use of assistive equipment like forceps and vacuum extractors, prolonged labor, infant positioning problems, umbilical cord problems, placental abruption, maternal infections, shoulder dystocia (the infant’s shoulder becomes lodged below the mother’s pubic bone), maternal drop in blood pressure, or maternal infection.
The most severe birth injuries occur due to hypoxia, or loss of oxygen to the infant’s brain during the labor and delivery process.
While a birth injury like mild abrasions from forceps marks heal quickly and leave no serious ill-effects, some birth injuries cause severe, life-altering impacts, ranging from paralysis in one arm from a brachial plexus injury or disability and impairment from hypoxic brain injuries, which can result in cerebral palsy or severe brain damage. Serious or catastrophic birth injuries have lifelong costs. Common recoverable damages include the following:
In the worst cases, a catastrophic birth injury can result in stillbirth. A parent may be able to gain a voice for justice through a wrongful death claim for the family’s grief and emotional anguish, and the loss of a child’s lifelong love and support.
Birth injury claims are a category of Chicago medical malpractice law. Claims are filed against the liable medical provider or medical facility for negligent actions that caused the birth injury. A successful claim is paid through the liable providers’ medical malpractice insurance. Unfortunately, insurance companies may produce compassionate ads, but they are in the business to make profits. This means your goal to achieve the highest possible settlement for the harm caused to your child conflicts with the company’s objective to protect its profits at your expense. An experienced injury lawyer in Chicago fights for your family’s right to the full compensation your child deserves.
Call Smith LaCien LLP or reach out to our law firm online for a free consultation so we can begin strategizing your family’s financial recovery, allowing you to focus on your child.
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